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(영문) 서울중앙지방법원 2021.02.02 2020가단5093006
물품대금
Text

The defendant shall pay 67,560,021 won to the plaintiff and 12% per annum from May 7, 2020 to the day of complete payment.

Reasons

1. The facts below the basis of the facts do not conflict between the Parties.

A. The Plaintiff is a company that engages in the manufacture and wholesale and retail business of the Chinese Island.

The defendant is called "C" with the trade name of "E" (registration of a business operator in the name of anyone or F) and the non-party D is a person engaged in the business of processing, and they are requested by the customer (final buyer) who produces the clothing to provide the textile, etc. so desired, they operate the business in such a way as to place an order to the manufacturer of the fiber and receive the fiber from the manufacturer and directly supply the fiber to the manufacturer, or let the manufacturer directly supply the fiber to the customer.

B. D had transacted with the Plaintiff from around 2016 and had been rejected on the ground that there were many attempted claims since February 2019.

Accordingly, D decided that the Plaintiff’s tax account statement will be issued in the future of the Defendant, and obtained consent from the Defendant on the issuance of the tax account statement.

(c)

From February 2019 to June 2019, the Plaintiff supplied goods, such as fibers, etc. ordered under the name of the Defendant to G, H, I, etc., and issued tax invoices to the Defendant on the last day of each month.

The amount of the above tax invoice is KRW 53,807,452 on February 28, 2019 (including additional taxes; hereinafter the same shall apply), KRW 13,752,569 on March 31, 2019, KRW 1,328,69 on May 31, 2019, KRW 18,150 on June 30, 2019, and KRW 68,906,861 on the aggregate.

2. The parties' assertion

A. Plaintiff D is the Defendant’s agent (the position that the Plaintiff is a successive transaction made in the process of Plaintiff D’s final buyer (E)’s customer), and the Defendant, as indicated in the tax account statement, is liable to pay the goods to the Plaintiff as the Plaintiff’s counterpart to the transaction.

1. -;

Since the Plaintiff received KRW 1,346,840 out of the amount of goods entered in each tax invoice, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 67,560,021 and the amount of delay damages.

B. Defendant 1. C.

The tax invoice of each paragraph on May 2019.

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